It’s serenity now for Jerry and Jessica Seinfeld — a Manhattan federal judge yesterday tossed out a lawsuit by a woman who accused the funnyman’s wife of stealing her cookbook idea.
US District Judge Laura Taylor Swain had a hard time swallowing the argument that tricking children into eating what’s good for them is an exclusive idea.
Swain said Jessica Seinfeld’s book, “Deceptively Delicious,” and plaintiff Missy Chase Lapine’s best seller, “The Sneaky Chef,” have similar ideas, such as sneaking spinach into chocolate chip cookies.
Beyond that, any comparison between the cookbooks is apples and oranges, Swain ruled.
While Lapine insisted in her suit that Seinfeld ripped off her recipes, it was Jerry’s jokes that burned her.
After Lapine challenged her rival’s originality, the comedian went on David Letterman’s “Late Show” and called Lapine “a wacko.”
“If you read history,” Jerry Seinfeld said in a rant about the woman suing his wife, “many of the three-named people do become assassins.”
Lapine’s suit sought relief on the copyright claim and for defamation over Seinfeld’s remarks. But the judge declined to rule on the defamation claims, saying that aspect of the case is a state matter.
Jessica Seinfeld’s lawyer, Orin Snyder, said of the victory, “It’s a complete vindication of what we’ve been saying from Day One, that this lawsuit was an optimistic attempt to generate publicity.”
Lapine’s lawyer, Howard Miller, said the author may appeal the copyright ruling, but would definitely continue to pursue the defamation claim.
“Her young daughter came home from school and said, ‘Mom, what is an assassin?’ ” Miller said. “That’s not helpful. That can’t just be excused as a joke.”